Satsuma, FL Estate Planning Law Firms & Lawyers

If your father owned real estate at the time of his death in his name only, it will be necessary to file a probate of his estate. Once the probate court has appointed a personal representative for the estate, the personal representative will be able to sale and transfer the property, subject to approval by the probate court.

If you refinance your house and add you husband to the title, he now owns one half of the house. What happens to the house on your death will depend on how the house is titled. If you own the house with your husband as Tenants by the Entirety (which is most common with married couples) the entire house will pass to your husband on your death and he will become the sole owner. He can then leave it to whomever he wants presumably his 2 daughters. However, if he dies first, then you'd become the sole owner and can leave the house to your children. If you own the house as Tenants in Common, then you can leave your one half of the house to your children. Your children would then own the house with your husband at your death. He would also be able to leave his one half to his daughters and then after your husband passes, all the children would own it together.